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Section 16: Meetings and rules of procedure of the Board

The Bihar Mental Healthcare (State Mental Health Authority) Regulations, 2023State Regulations of Bihar · 2017

(1) The Board shall meet atleast once a month or more frequently as it may consider necessary.

(2) The Board shall meet at such place and at such time as the Chairperson may decide within the territorial jurisdiction of the Board concerned.

(3) The Chairperson shall give at least five clear days of notice for a meeting of the Board, specifying there in the date, time, and place of the meeting.

(4) The Chairperson shall preside at every meeting of the Board at whichs / he is present, and in his/her absence, any other member of the Board as the Chairperson may authorize.

(5) The quorum of the meeting shall be three members of the Board including its Chairperson.

(6) If the quorum in the meeting is not present within half an hour after 29 ǐबहार गजट (असाधारण), 20 िसतà बर, 2023 the time scheduled for the meeting, the Chairperson may postpone the meeting to another day and the Chairperson and the members present at the postponed meetings hall constitute the quorum.

(7) All decisions of the Board shall be authenticated by the signature of the Chairperson or any other member of the Board as the Chairperson may authorize on his/her behalf.

(8) A visit of the Board to a mental health establishment shall be deemed to be a sitting of the Board.

(9) For the purpose of inquiry, the Board shall comply with the basic principles of natural justice and shall ensure the informed participation of the person with mental illness and the nominated representative, or a family member of the person with mental illness and the person with mental illness shall be given an opportunity to be heard.

(10) The orders of the Board shall be in writing and contain reasons.

(11) The proceedings of the Board shall be conducted in a friendly and barrier-free environment.

(12) The Board shall complete any inquiry or decide on any complaint or request relating to medical treatment being received by a person with mental illness within three days of the receipt of the application so that treatment is not hampered and where the Board is not able to reach a decisionwithin three days, the treating psychiatrist shall continue the treatment planned after taking consent from the nominated representative of the person with mental illnessif s/he is available.

(13) Subject to the provisions of any law for the time being in force, a decision of the Board shall not make a mental health professional liable to civil or criminal proceedings unless the Board afteran inquiry in this regard records that act or omission by such mental health professional was mala fide or without reasonable care or illegal under any law for the time being in force.

CHAPTER – VI PSYCHO SURGERY AND RESTRAINTS

Where this provision sits

ActThe Bihar Mental Healthcare (State Mental Health Authority) Regulations, 2023
Section16
Marginal noteMeetings and rules of procedure of the Board
JurisdictionState of Bihar
StatusIn force as published by the source

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